Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-5, and 7-9, and 11 is/are rejected under 35 U.S.C. 103 as obvious over Steven (US 20210347579).
Regarding claim-1. Steven discloses a bracket assembly (10, Fig.1) for changing the position of a roller (1000, Fig.1) to align a conveyor belt ([0035]), the bracket assembly comprising:
a first bracket (50, Fig.1) having an opening for receiving a roller shaft (ends) (Fig.2-3, 6);
a second bracket (30, Fig.1) pivotally connected to the first bracket, the second bracket comprising:
a first portion (34, Fig.3) for connecting the second bracket to a support frame ([0052]); and
a second portion (32, Fig.7) perpendicular to the first portion, the second portion being pivotally connected to the first bracket (50), the second portion including an outer face which defines an outer face plane that is coincident with at least a portion of the outer face (50 and 30 are pivotally connected via 90, Fig.3-7);
a fastener moveable (90, Fig.3) between a locked position (103 tightened) in which the first bracket is prevented from pivoting relative to the second bracket and an unlocked position (103 loosened) in which the first bracket may pivot relative to the second bracket ([0058], [0061-0063]); and
a handle (outer edge part defined at 94 combining with hammer knock, Fig.6) that enables an operator to pivot the first bracket relative to the second bracket, the handle extending through the outer face plane defined by the second portion of the second bracket (Fig.3-7) (the plate 50 may be “knocked” using, for example, a hammer, to adjust the rotational axis B, [0062]). It is obvious to the skilled person in the art before the effective filing date of claimed invention that operator uses combination of hammer to hit on bracket 50 to adjust first bracket 50. Once the conveyor belt is confirmed to be properly realigned by visual inspection, the locking nut 103 is again tightened and thus it prevents movement of the plate 50.
Regarding claim-2. Steven discloses wherein the second portion of the second bracket includes an opening through which the handle extends (outer edge part defined at 94, 94 extends through opening 38, and 58 See Fig.6).
Regarding claim-3. Steven discloses comprising a pivot connector (, the pivot connector comprising a bolt about which the first and/or second bracket pivots.
Regarding claim-4. Steven discloses comprising a pivot connector (70), the pivot connector comprising a pin about which the first and/or second bracket pivots (Fig.3-7).
Regarding claim-5. Steven discloses comprising a pivot connector (70), the pivot connector not comprising a nut (Obvious choice based on required specification of an apparatus) disposed between the first and second brackets (Fig.3-7).
Regarding claim-7. Steven discloses wherein the second portion of the second bracket comprises a curved slot (38, Fig.8), the fastener (90) extending through the curved slot.
Regarding claim-8. Steven discloses wherein the first bracket (50) comprises the handle (outer edge part defined at 94, 94 extends through opening 38, and 58 See Fig.6, 8-9).
Regarding claim-9. Steven discloses wherein the first bracket is connected to the handle (outer edge part defined at 94, 94 extends through opening 38, and 58 See Fig.6, 8-9).
Regarding claim-11. Steven discloses wherein the first portion (34) of the second bracket (30) comprises: a first opening (42) for receiving a first fastener for connecting the first portion to a support frame; and a second opening (44) for receiving a second fastener for connecting the first portion to a support frame ([0052], Fig.1).
Allowable Subject Matter
Claim 6, and 10 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
Claim-12 recites “a turnbuckle connected to the first bracket and the second bracket, the turnbuckle comprising a threaded barrel and at least one pin which threadingly engages the barrel, wherein rotation of the barrel causes the first bracket to pivot relative to the second bracket” in combination with the rest of the claim language is not taught or suggested by the prior art.
Claim-17 recites “a third bracket, the second bracket being disposed between the first bracket and the third bracket, the third bracket being connected to the first bracket; a handle that enables an operator to slide the first bracket and third bracket relative to the second bracket” in combination with the rest of the claim language is not taught or suggested by the prior art.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure “See PTO-892”.
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/MA/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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